Haw. Rev. Stat. § 554D-1001
Remedies for breach of trust
Hawaii · Hawaii Revised Statutes Chapter 554D · Status: effective
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- Citation
- Haw. Rev. Stat. § 554D-1001, Remedies for breach of trust, Hawaii, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2428351
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Full text
(a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. A breach of trust may occur by reason of an action or by reason of a failure to act.
(b) To remedy a breach of trust that has occurred or may occur, the court may:
(1) Compel the trustee to perform the trustee's duties;
(2) Enjoin the trustee from committing a breach of trust;
(3) Compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
(4) Order a trustee to account;
(5) Appoint a special fiduciary to take possession of the trust property and administer the trust;
(6) Suspend the trustee;
(7) Remove the trustee as provided in section 554D-706;
(8) Reduce or deny compensation to the trustee;
(9) Subject to section 554D-1012, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds;
(10) Order that the trustee, not the trust, shall bear the trustee's attorney's fees and those incurred by other parties to the trust; or
(11) Order any other appropriate relief, including punitive damages.
(c) The court, for cause shown, may relieve a trustee from liability for any breach of trust or wholly or partly excuse a trustee who has acted honestly and reasonably from liability for a breach of trust.